Last Updated on November 19, 2024

Sexual harassment in the workplace remains a critical issue that requires vigilant attention from employers. Addressing harassment concerns is vital for maintaining a respectful, inclusive and legally compliant work environment. In this blog post, we will dive deeper into harassment, as well as discuss employer tips for preventing sexual harassment claims.

What Constitutes Harassment?

Understanding what constitutes harassment is essential for fostering a respectful and legally compliant workplace. Harassment can take many forms, and it is crucial to recognize the behaviors that cross the line into unacceptable conduct. In this section, we will explore what harassment is and what qualifies as harassment.

Per Nippes, Healy & Gault, PLLC‘s Wendy Shelton, J.D., SHRM-CP, “the U.S. Equal Employment Opportunity Commission (EEOC), defines harassment as unwelcome conduct based on race, color, religion, sex, national origin, age, disability or genetic information. Within each of those legally protected categories, there are additional areas that could be considered harassment if conduct was based on those, such as gender identity, sexual orientation and pregnancy.”

When it comes to identifying what can be considered unlawful harassment by the EEOC and lead to a harassment case, Shelton notes that something can be “over the line if it is both subjectively harassing conduct and objectively harassing conduct. The harassment has to be based on one of the (aforementioned) legally protected characteristics. And it also has to constitute or result in discrimination with respect to a term, condition or privilege of employment.”

Employers Should Be Prepared when It Comes to Sexual Harassment Claims: Before, During annd After

In today’s corporate landscape, ensuring a safe and respectful workplace environment is not only an ethical obligation, but also, a legal necessity. Employers should be prepared when it comes to sexual harassment. They should know how to prevent and respond to harassment claims in the workplace:

Helping Employers to Prevent Harassment Claims Through Handbooks

Employee handbooks are a key component in protecting employers and employees from sexual harassment. Employee handbooks are the best way to communicate to employees the company’s policies and what they expect from the employee. One key component of the handbook includes sexual harassment policies that contain the following items:

• Make clear what behaviors, both verbal and physical, constitute sexual harassment. Stress that the company has a strict no-tolerance policy.
• Encourage employees to bring forth claims of harassment so that the company can investigate. Then, take appropriate action and take necessary steps to prevent future harassment.
• Guidelines for how to report sexual harassment.
• A complaint procedure and a response to the complaints procedure for management personnel.

Having these policies not only assist with communicating the policies to the employee, but also helps protect the employer should a rogue employee sexually harass another employee.

How Implementing a Robust Employee Screening Program Can Help Employers Avoid Harassment Claims in the Workplace

Employee screening is crucial for employers in preventing sexual harassment within the workplace. By thoroughly vetting potential hires, employers can identify any red flags or past incidents of misconduct that may indicate a propensity for inappropriate behavior. This process not only helps in selecting individuals who are more likely to adhere to company policies and standards of conduct but also demonstrates a commitment to creating a safe and respectful work environment for all employees. Additionally, implementing thorough screening procedures through a quality background screening company like MyHRScreens sends a clear message that sexual harassment will not be tolerated, fostering a culture of accountability and respect within the organization. Overall, prioritizing employee screening serves as a proactive measure to mitigate the risk of sexual harassment, protecting both employees and the company’s reputation.

Employer Response to Harassment Claims

When harassment claims are raised, employers have a legal and ethical responsibility to respond promptly and effectively. Shelton says that the first step an employer should take when/if a harassment claim presents itself is to investigate- “the worst thing you can do is to ignore it.” Employers should investigate the allegations thoroughly, ensuring that the process is impartial and confidential, and taking appropriate action to address the situation.

Employers must provide a safe environment for employees to report concerns without fear of retaliation. Shelton recommends employers “having multiple ways to report harassment,” such as an anonymous tip line. Depending on the findings, corrective measures may range from training and policy revisions to disciplinary action against those responsible for the harassment. Timely and decisive action demonstrates a commitment to maintaining a respectful workplace and mitigating potential legal risks.

The Importance of Having EPLI

Employment Practices Liability Insurance (EPLI) is a critical tool for businesses to protect themselves against the financial risks associated with employment-related claims, including harassment, discrimination, wrongful termination and retaliation. Given the complexity of labor laws and the potential for costly lawsuits, EPLI provides essential coverage that can help cover legal fees, settlements, and damages. For businesses of all sizes, having EPLI in place ensures that they are better equipped to manage the risks associated with employment disputes, offering peace of mind and financial protection in the event of a claim.

Bill Gault, partner at Nippes, Healy & Gault, PLLC, says that it is important to check and double-check the type of insurance that your company has as it relates to ELPI. Gault mentions that “ELPI applies to any discriminatory, employment-related action, that occurs in the workplace. This insurance is something we recommend, just in case. It’s generally fairly cheap, and I have found that their retention or deductibles are very high. And, the truth of the matter is, a lot of your EEOC charges are resolved for a lot less than that amount of money. So, even though it can be considered catastrophic insurance, we always thought it made sense to have that and recommend it to employers.”

McDonald’s Harassment Lawsuit Case Study

Incidents such as the case involving a McDonald’s franchisee and a teenage employee who suffered sexual assault by a registered sex offender manager, underscore the critical importance for employers to address and prevent sexual harassment within their organizations properly.

The agreement reached between the victim and the McDonald’s franchisee to settle the lawsuit for $4.4 million serves as a stark reminder of the devastating impact of workplace sexual harassment. It highlights the significant financial repercussions that businesses may face when they fail to prioritize the safety and well-being of their employees.

According to the Equal Employment Opportunity Commission (EEOC), employers have a duty to investigate sexual harassment complaints and must take actions to prevent the recurrence of such offensive conduct in their workplace. The actions include having policies and procedures in place to prevent sexual harassment claims.

Tips for Preventing Sexual Harassment Claims in the Workplace

Infographic: 5 Ways to Prevent Sexual Harassment on the Job

Here are some other things to consider in preventing sexual harassment in the workplace:

• Provide employees with at least two separate resources for reporting sexual harassment complaints. This protects the employer in case the alleged harasser is the employee’s direct supervisor.
• Designate a female and male staff member from HR to receive sexual harassment claims, preferably individuals with experience in dealing with discrimination and harassment.
• Outline in your policy that employees found guilty of sexual harassment will be subject to disciplinary action, including termination. The disciplinary action should eliminate the harassment and should ensure that the victim feels unthreatened once again. In addition, preventive action should be taken to ensure that a recurrence of the harassment does not occur.
• Discipline for sexual harassment should be as severe as the actions that took place. Punishments should also be consistent for similar actions by different harassers.
• Emphasize that victims will receive no backlash or repercussions if they report sexual harassment. Do not punish the victim for the harassment by removing him or her from their job, department or role within the company.
• Provide an anonymous tip line to employees and encourage the use of the tip line.
• Provide training to employees and make it part of the culture of the workplace. Prevention is key.

MyHRConcierge Can Provide the HR Resources You Need!

Many employers do not have the internal expertise to develop policies and procedures to help prevent sexual harassment claims. Therefore, it is important to have access to experienced HR professionals that can help employers develop policies to help prevent sexual harassment claims, but also assists when claims arise. This is especially important as states are becoming more aggressive in passing laws relating to harassment. If you do not have a internal resource, an outsourced resource such as MyHRConcierge’s HRCompli or HRCompli+Admin services can provide the resources you need.

Let MyHRConcierge provide your organization with the HR resources needed to ensure you have up-to-date employee handbook policies and assistance when employee issues arise. To learn more, contact us at 855-538-6947 ext 108 or ccooley@myhrconcierge.com. Or, you can schedule a consultation below: